In 2021, the Board of Directors for BART made a decision to enact a Covid-19 vaccine mandate for all employees working within the organization. When several employees sought religious exemptions to this mandate, their requests were unfortunately not accommodated, leading to their termination from employment. In response to this situation, the Pacific Justice Institute (PJI) took on the case of these affected employees. “Last Friday, the jury first determined that BART failed to prove an undue hardship in denying any accommodations to the employees. Yesterday, the jury further concluded that all of the employees had met their burden of showing a genuine conflict between their faith and the vaccine requirement, which was implemented in late 2021. The jury then accepted the numbers calculated by the plaintiffs’ economic expert for lost wages and added $1 million to each of those figures.” BART now has to pay $7.8 million to six former employees after a jury found the company discriminated against them after they asked for a religious exemption to the COVID-19 vaccine. PJI Press release here.
Tonia Lewis-Williams says she was a utility worker at BART for 16 years. She says she was fired while on leave for not getting the COVID vaccine and now a jury says she and five others should be compensated. As a result, the plaintiffs were awarded over $1 million each in damages. PJI's president remarked on the outcome, stating, “These verdicts are seismic—a 7.8 San Francisco legal earthquake. This amazing outcome represents so much hard work by our dedicated team, the perseverance shown by these clients, and the fairness upheld by our judicial system.”
The Pacific Justice Institute represents the former employees. Glynn Finley Mortl Hanlon & Friedenberg LLP represents BART. The case is Lewis-Williams v. San Francisco Bay Area Rapid Transit District, N.D. Cal., No. 3:22-cv-06119, 10/23/24.
This case is monumental and represents a significant development that dovetails harmoniously with PERK's current and past lawsuits centered on the same important merit. Cases such as PERK’s case of Granada Hills Charter School Case and most recent case filed against Willows Community School are currently in the courts. See more of PERK lawsuits here. The implications of the BART case could potentially influence future legal strategies and reinforce our ongoing commitment to protecting educational and medical freedom.
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